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5 arguments the defense might use in a slip-and-fall case

On Behalf of | Apr 29, 2023 | Slip And Fall

If you sustained an injury on someone else’s property, you might be able to sue. You have probably heard the term “slip and fall” describing these premises injury cases.

Illinois has a system of modified comparative negligence for slip-and-fall cases. One result of this rule is that the defense will probably try to prove that you are more than 50% to blame for the accident. They might use any or all of the following arguments.

1. You were in a restricted area

A court might decide you are currently at fault if you were in a restricted area for visitors or customers. An example might be a restaurant kitchen, where staff members typically wear special equipment and have safety training.

2. You were not paying attention

Some blame might fall on you if you were distracted. The defense might be able to look at your cell phone and see if you were using it leading up to the fall, for example.

3. The hazard should have been obvious to you

What if the hazard was something you should have reasonably noticed? Insurance companies are likely to point this out.

4. The defendant took steps to make you safe

The defense sometimes tries to claim that their client did everything reasonably possible to secure the area. If their argument is persuasive and if it derives from evidence, they might be able to assign some fault to you.

5. Your clothing or footwear was dangerous

Sometimes, your clothing or footwear could contribute to a fall. The defense is likely to point out if you were wearing flip-flops at the time of your injury, for example.

The defense will tell a story that benefits their clients. It is up to you to show the real truth.